Legal Opinion

Holmes v. Town of Oyster Bay

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 2011PublishedCited by 17 opinions

1Opinion of the Court

*1048The plaintiff allegedly sustained injuries when she tripped on a tree stump in a tree well located in a utility strip, which ran parallel to a sidewalk in the Town of Oyster Bay, abutting the property of the defendant DataPlus Management, LLC (hereinafter DataPlus).

DataPlus met its prima facie burden of demonstrating its entitlement to judgment as a matter of law. An adjoining landowner may be liable for injuries caused by a sidewalk defect only where it affirmatively created the dangerous condition, negligently made repairs to the area, caused the dangerous condition to occur through a…

2Cases cited13 opinions

  1. Amabile v. City of BuffaloNew York Court of Appeals · 1999
  2. Poirier v. City of SchenectadyNew York Court of Appeals · 1995
  3. Hausser v. GiuntaNew York Court of Appeals · 1996
  4. Vucetovic v. Epsom DownsNew York Court of Appeals · 2008
  5. Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966

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3Cited by17 opinions

  1. Morelli v. Starbucks Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Tucker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
  3. Oliveri v. Village of GreenportAppellate Division of the Supreme Court of the State of New York · 2012
  4. Donadio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  5. Gibbons v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016

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